Immigration Corner | Switch to a student visa while in the UK

Dear Mr Bassie,

I am in England, and I would like to switch to a student visa. Is this possible?

I would appreciate any advice.

– HS

Dear HS,

Persons may be able to switch to a student visa if they already have permission to be in the United Kingdom (UK).

However, persons cannot switch to this visa if they have one of the following visas:

• A visit visa;

• A short-term student visa;

• A parent of a child student visa;

• A seasonal worker visa;

• A domestic worker in a private household visa;

• Leave outside the immigration rules.

If persons have settled or pre-settled status under the EU Settlement Scheme, they do not need to apply for a visa.

ELIGIBILITY

To switch to a student visa, persons must be in the UK and have an unconditional offer of a place on a course with a licensed student sponsor – shown by their Confirmation of Acceptance for Studies (CAS).

If they have been in the UK with a valid visa for less than 12 months, they will need to prove that they have enough money to support themself in the UK.

Those persons’ partners or children will need to apply separately to switch their visa. They can either apply at the same time as the applicant, or at any time before their current visa expires.

WHEN TO APPLY

The earliest persons can apply is three months before their course starts. They must apply before their current visa expires, and the new course must begin within 28 days of their current visa expiring. Persons must also apply within six months of getting a CAS.

Please note that the applicant is permitted to stay in the UK until they get their decision. Persons who have applied for an administrative review because their application was refused, can stay in the UK until receiving the review decision.

FEES

For each person, persons will need to pay £490 to extend this visa; and with respect to the healthcare surcharge – persons will need to check how much they will have to pay.

Persons will need to have their biometric information (fingerprints and a photo) taken, there is no fee for this.

APPLY

Persons must apply online and as part of the application, they will need to prove their identity. How a person does this depends on where they are from and the type of passport they have.

Persons will either give their fingerprints and a photograph (biometric information) at a UK Visa and Citizenship Application Services (UKVCAS) service point; or use the ‘UK Immigration: ID Check’ app to scan their identity document. Persons will need to create or sign into their UK Visas and Immigration (UKVI) account, and they will be told what they need to do when they apply.

Applicants must not travel outside of the UK, Ireland, the Channel Islands or the Isle of Man until they get a decision; their application will be withdrawn if they do.

A decision will usually be made within eight weeks, and it should be noted that applicants may be able to pay to get a faster decision – they will be told if they can when they apply.

POST-APPLICATION

Persons will be contacted if their application is complex and will take longer, for example:

• Their supporting documents need to be verified;

• They need to attend an interview;

• Their personal circumstances, for example, if they have a criminal conviction.

Applicants should contact UKVI if something needs to change in the application after they have sent it. Persons can ask to withdraw their application by contacting UKVI. The fee will only be refunded if UKVI has not started processing the application.

If the application is successful, persons will get either a biometric residence permit – if they gave their biometric information at a UKVCAS centre; or a digital immigration status which they can view and prove online, if they used the ‘UK Immigration: ID Check’ app.

I hope this helps.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, the global president of the Chartered Institute of Arbitrators, and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com